A Focal Point Theory of Expressive Law

Abstract

Focal Point Theory of Expressive Law 1651 the sanctions it threatens to impose, that law works by what it says in addition to what it does. 2Even this literature, however, mostly accepts the dominant view of the problem that law solves-that of cooperation.Without criticizing that approach, in this Article I pursue a different path.To explain one means by which law works expressively, I focus on a different problem of strategic interaction: not cooperation but coordination.Specifically, I claim that law provides a focal point around which individuals can coordinate their behavior.When individuals have a common interest in coordinating, as frequently occurs, a legal rule may guide behavior merely by influencing expectations about how others will behave